Other conditions decisions — 2005

The Board has determined that the October 1946 decision, which evaluated the service-connected residuals of gunshot wounds, was not clearly and unmistakably erroneous. The veteran's claim for revision based on CUE in this decision is denied.

The veteran's application for VA educational assistance under Chapter 30, Title 38, United States Code was denied because he did not elect to receive Montgomery GI Bill (MGIB) benefits prior to October 31, 2001. The veteran had participated in the Veterans Educational Assistance Program (VEAP) and made contributions towards his VEAP account but later received a full refund of those contributions. He requested a waiver of the deadline for converting from VEAP to MGIB, but this was denied as he did not meet the eligibility criteria.

The Board has granted service connection for a scar on the dorsal aspect of the left hand between the thumb and index finger, with limitation of motion of the joints of the thumb.

The VA denied reimbursement for unauthorized medical expenses incurred at a private facility from June 12 to June 14, 2003. The veteran appealed this decision.

The Board has determined that the veteran's left knee disability, which resulted in severe recurrent subluxation or lateral instability, warrants a 30 percent initial evaluation under Diagnostic Code 5257.

The veteran's appeal is remanded due to inadequate medical evidence on which to rate his service-connected heart disorder. The RO must request complete copies of the veteran's VA treatment records from the Minneapolis VAMC for treatment of his cardiovascular disabilities since August 2004, and schedule him for an appropriate VA examination.

The Board has remanded the case for further development due to a lack of service medical records and for an examination to determine if current arthritis is related to a 1974 injury at Fort Sills, Oklahoma.

The Board denied the claim for benefits for spina bifida, claimed to be caused by exposure to Agent Orange during service. The decision found that the veteran's father was not a 'Vietnam veteran' as defined and thus did not meet eligibility criteria.

The Board found that the veteran's claimed duodenal ulcer was not incurred in or aggravated by service and denied his claim.

The veteran's appeal is remanded for additional development, including obtaining medical opinions regarding the impact of his service-connected vagotomy and pyloroplasty on his employment and the nature and severity of his symptoms.

The Board denied a compensable evaluation for malaria, finding that the veteran does not currently have any residuals of malaria.

The Board found that the veteran's service-connected partial gastrectomy and ventral hernia did not cause or contribute substantially to his death due to dementia.

The VA has determined that the veteran's duodenal ulcer, postoperative vagotomy and antrectomy with reflux esophagitis warrants a 40 percent rating under the applicable diagnostic codes. The evidence does not support a higher rating.

The Board found that the veteran's current testicular pain is not due to carelessness, negligence, or lack of proper skill on the part of VA in performing a bilateral epididymectomy and testicular biopsy in 1986. The Board concluded that the additional disability was not proximately due to VA action.

The Board found that the veteran's cause of death, acute leukemia and myelodysplasia, was not caused by a service-connected disability or exposure to mustard gas during service. The evidence did not support the appellant's claims.

The Board has ordered the RO to verify the exact dates of active and inactive duty in the National Guard, specifically including 1994. The claim will be reviewed again after this information is obtained.

The Board has remanded the case for additional development to determine if there is any residual of a right posterior thigh muscle strain and to obtain medical opinions regarding the severity of the veteran's right knee disability.

The Board has determined that the veteran does not have a current gastrointestinal disorder related to his military service and has denied entitlement to service connection for this condition. The right knee disability evaluations are also denied as they do not meet the criteria for increased ratings.

The Board found that the veteran's left shoulder disability, characterized by limited motion and pain, warranted a 20% rating but not higher.

The Board has determined that the veteran's death was not caused by his service-connected varicose veins, and therefore denied the claim for service connection for the cause of the veteran's death.